Bicyclists to get three-foot buffer under new California law

In this 2010 file photo, Los Angeles Mayor Antonio Villaraigosa talks during an interview in his office at City Hall, just a few days after he broke his elbow in a accident in Los Angeles, (Photo by John McCoy/Los Angeles Daily News)

Gov. Jerry Brown announced Monday he has signed legislation requiring California drivers to stay at least three feet away when passing bicyclists.

The proposal from Assemblyman Steven Bradford, D-Gardena, is intended to better protect cyclists from aggressive drivers, stating that if drivers cannot leave a cushion of three feet, they must slow down and pass only when it would not endanger the cyclist’s safety.

The law will go into effect Sept. 16, 2014. Current law requires a driver to keep a safe distance when passing a bicyclist but does not specify how far that is.

At least 22 states and the District of Columbia define a safe passing distance as a buffer of at least three feet, according to a legislative analysis of the bill.

Bradford’s bill, AB1371, was sponsored by Los Angeles Mayor Antonio Villaraigosa, an avid cyclist who was injured in 2010 after a taxi driver abruptly pulled in front of him. It also drew support from several cycling groups, such as the California Association of Bicycling Organizations.

“This gives clear information to drivers about passing at a safe distance,” said Steve Finnegan, government affairs manager for the Automobile Club of Southern California, which supported the legislation. “Everyone using the road needs to follow the rules and watch out for everyone else.”

Brown signed the legislation after vetoing similar measures in 2011 and 2012. Those bills would have allowed drivers to cross a double yellow line to make room for a cyclist or require them to slow to 15 mph when passing within three feet.

At the time, the governor cited concerns that the provisions could spark more crashes.

Some lawmakers who opposed the bill, such as Senate Minority Leader Bob Huff, R-Diamond Bar, said it would be difficult to estimate a three-foot distance while driving, especially when cyclists also might be swerving to avoid road hazards.

Bradford’s spokesman, Matt Stauffer, said case-by-case enforcement will be up to local police departments. The overall aim is to remind drivers and cyclists that they have a responsibility to behave safely on the road, Stauffer said.

A violation of the new law would be punishable by fines starting at $35. If unsafe passing results in a crash that injures the cyclist, the driver could face a $220 fine.